28 U.S. Code § 548 - Salaries

Subject to sections
5315 through
5317 of title
5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section
543 of this title at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section
5315 of title
5, United States Code.

The words “sections
5315–5317 of title
5” are substituted for “subsection (f) and (g) ofsection
303 of the Federal Executive Salary Act of 1964” to reflect the codification of those subsections in title 5. The words “GS–18 of the General Schedule set forth in section
5332 of title
5” are substituted for “grade 18 of the General Schedule of the Classification Act of 1949, as amended”.

Section consolidates part of section
312 of title
5, U.S.C., 1940 ed., and part of section
579 of title
28, U.S.C., 1940 ed., with section
580 of title
28, U.S.C., 1940 ed.

Sections
579 and
580 of title
28, U.S.C., 1940 ed., fixed specific salaries for the United States attorneys and assistants, while section
312 of title
5, U.S.C., 1940 ed., provided for a contractual arrangement for compensation of special attorneys.

According to a Department of Justice interpretation, provisions for specific salaries were superseded by section
678 of title
5, which provides for adjustment of compensation by heads of departments. Hence, this section leaves the amount of compensation to the Attorney General.

Section
578b of title
28, U.S.C., 1940 ed., providing that United States attorneys shall be paid for their services, was omitted as unnecessary.

Section
578c of title
28, U.S.C., 1940 ed., providing that United States attorneys shall not receive fees in addition to their salaries, was omitted as obsolete, in view of this section and current practice.

Other provisions of section
312 of title
5, U.S.C., 1940 ed., are incorporated in sections
503 [now 543] and 507 [now 509 and 547] of this title, and other provisions of section
579 of title
28, U.S.C., 1940 ed., are incorporated in section
552 [see Prior Provisions note for that section] of this title.

1984—Pub. L. 98–473amended section generally, substituting “rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section
5315 of title
5, United States Code” for “highest rate of GS–18 of the General Schedule set forth in section
5332 of title
5”.

Salary Increases

1969—Increase in the rates of pay of United States Attorneys and Assistant United States Attorneys whose annual salaries are fixed pursuant to this section, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, by amounts equal, as nearly as may be practicable, to the increases provided pursuant to section 2 ofPub. L. 91–231, which raised corresponding rates by 6 percent, see Pub. L. 91–231, formerly set out as a note under section
5332 of Title
5, Government Organization and Employees.

1967—Pub. L. 90–206, title II, § 211(a),Dec. 16, 1967, 81 Stat. 633, provided that: “The rates of basic pay of United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to section
548 of title
28, United States Code shall be increased, effective on the effective date of section
202 of this title [see Effective Date of 1967 Amendment note set out under section
5332 of Title
5] by amounts equal, as nearly as may be practicable, to the increases provided by section
202(a) of this title [see section
5332(a) of Title
5] for corresponding rates of basic pay.”

Section 211(a) ofPub. L. 90–206effective as of the beginning of the first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) ofPub. L. 90–206, set out as a note under section
5332 of Title
5.

1966—Pub. L. 89–504, title I, § 108(a),July 18, 1966, 80 Stat. 293, provided that: “The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section
508 of title
28, United States Code [now this section] shall be increased, effective on the effective date of section
102 of this title [first day of the first pay period beginning on or after July 1, 1966], by amounts equal, as nearly as may be practicable, to the increases provided by section
102(a) of this title [see section
5332(a) of Title
5], for corresponding rates of compensation.”

1965—Pub. L. 89–301, § 15(a),Oct. 29, 1965, 79 Stat. 1122, provided that: “The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section
508 of title
28, United States Code, [now this section], shall be increased by 3.6 per centum effective on the first day of the first pay period which begins on or after October 1, 1965.”

1962—Pub. L. 87–793, § 1003(b),Oct. 11, 1962, 76 Stat. 866, provided that: “The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed by section
508 of title
28, United States Code, [now this section], shall be increased by 71/2 per centum effective on the first day of the first pay period which begins on or after the date of enactment of this Act [Oct. 11, 1962].”

Compensation of Incumbent United States Attorneys and Assistant United States Attorneys

Pub. L. 88–426, § 306(a)(2),Aug. 14, 1962, 78 Stat. 428, as amended by Pub. L. 88–631, § 3(c),Oct. 6, 1964, 78 Stat. 1008, provided that: “Subject to section 303(f) and (g) of this Act [see sections
5315 to
5317 of Title
5, Government Organization and Employees], each incumbent United States attorney and assistant United States attorney shall be paid compensation at a rate equal to that of attorneys of comparable responsibility and professional qualifications, as determined by the Attorney General, whose compensation is prescribed in the General Schedule of the Classification Act of 1949, as amended [now covered by chapter
51 and subchapter
III of chapter
53 of Title
5].”

Alaska, Canal Zone and Virgin Islands

Act Mar. 2, 1955, ch. 9, § 2(b),69 Stat. 10, provided that: “The salaries of United States attorneys and assistant United States attorneys for the districts of Alaska, Canal Zone, and the Virgin Islands are subject to the provisions of section
508 of title
28, United States Code [now this section.]”